Tuesday, June 28, 2011

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  • SunnySurya
    11-04 09:49 AM
    Admin: If you like you may please close this thread.
    Final update on this issue.

    Here is what I have been told. Please feel free to check with AILA or your lawyer. They may have more info.

    In general, if an employer applies for a permanent labor certification for an individual with the Department of Labor (DOL), while DOL has already certified one or more positions with same or different employer for the same individual , it will be subjected to more scrutiny to prevent any fraud.

    Thank You and Good Bye!
    Happy Porting !

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  • srgadi
    09-17 01:11 PM
    Not many approvals in the last couple of days :(

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  • capriol
    01-07 09:05 PM
    I have an appointment at Kolkata on the 11th. Scheduled to fly back to US on the 26th. Considering Martin Luther king Jr day it will be 9 working days. After seeing the PIMS delays, I am seriously considering return back on AP. Cannot take the risk of delaying the flight as I dont have vacations to hang around and wait for PP.

    Dear Smisachu/ and others:
    I was also planning to go to Kolkata this summer to extend my H1B for another 3 years. Now, I am so scared reading all about the PIMS verification; delay of issuing visas; and returning passports. I am also sacred because I did not apply for any AP because at the time of applying for my 485 my H1B was valid (in fact it is valid till July 08).
    So, what would you guys advise me to do:
    (1) Go to Kolkata (with my 485 receipt notice, original) and return before my
    current H1B expires in July 08? Or, (2) apply for an AP (it is my understanding that AP is rejected by USCIS if someone has a valid H1B)? Please advise. Thanks.

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    07-10 10:16 PM


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  • gc28262
    04-24 04:55 PM
    Many folks on this forum are so excited that consulting companies are going to be affected by this bill. Many FTEs think they are safe and consulting companies going out of business will help them get their GCs faster. Wait and watch, such bills typically affects direct hiring companies more than consulting companies in the end.

    Remember who is proposing these bills. Durbin and gang. Do you think they are trying to liberate the employees from the clutches of "bad" employers. I don't think so.

    Many IV members has started seeing this anti-H1B bill as CIR 2009.
    We are such a pathetic community !

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  • superdude
    07-31 05:07 PM
    Well suppose they reject your 485 for lack of Initial Evidence then you are in some trouble. The people who applied prior to new Memo was passed had there applications receipted even without EVL. What will happen after the Memo is passed ...can't say. I think EVL is considered Initial Evidence. Thats my guess.
    Not this time. USCIS clearly mentioned that Completed application with Signatures, Correct Fees should be sufficient. They are even accepting without medicals.


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  • Jerrome
    09-24 05:53 PM
    They are referring to the Perm Labor data for year 2009.

    I think one common mistake that is being made everywhere on this board since the USCIS data got out is to make assumptions on demand. We are only being shown data which shows pending applications from USCIS. If USCIS releases data of how much demand by priority date they were getting then its a different thing. When you say , are you basing that on this data released by USCIS or on something else. Because if you are then you are probably wrong. This data only tells you pending data as of Aug 2009 by priority dates. It could well be the case that USCIS got a lot of volume from Sep 2007 to Aug 2008 and processed them all and hence pending is less now. Hope you understand. The only way you can do it with some degree of success with current public data is by looking at PERM Filing data.

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  • eb_retrogession
    01-05 02:50 PM
    This thread (forum as well)seems to be really enthusiatic abt the immigration reforms.
    Keep it up! I am a new member to this forum who had been passively following the S1932 disaster on immigration.com forums.

    Hopefully things may look better with the new bill sponsored by Arlen Specter.
    The bill looks good but how do we know that it is this bill which will be discussed and not the other bills sponsored by senator hagel,mccain etc..
    Question is even though this bill seems to be a consolidated effort of all the previous bills how can we be sure if this is the bill which will be discussed as part of immigration reforms in feb?
    Also this does not have any clause for applying for I-485 before cut off date?
    So the people who benefit through this bill are probably the Masters/Phd who can automatically adjust their status and the people who have not even applied for a GC ( since no labor cert required).

    But for people who are stuck at their 1-140 waiting to apply for I-485 the only thing this bill helps is increasing the EB quota.
    I am a EB-2 applicant (masters) and would strongly support this bill but i don't see how it helps EB-3 applicants as much unless we have the clause for applying for I-485 before cut off date.

    Even though there is a draft available about this bill, what gets included and what does not, is all up for debate yet. So no one really knows how this bill will look like, come Feb. That is why we are in the effort to have as many proosals that benefit us , be included in the bill.


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  • BharatPremi
    09-24 06:13 PM
    Look at histrocial approval you will know your assumption is incorrect. ROW gets more than half the numbers in any category.

    Yes, it is possible that my assumption is not correct. That is why it is an assumtion:).
    But till I get some "authentic" base to count on I do not have any way other than logical assumption.

    As data what you presented, it was indeed a low rate of approvals for Eb3-I with comparison to EB3-ROW but that was mainly due to the fact that lot many Indians were screwed and stuck in state based labor queue and PERM queue and I-140 queues for years where as EB-ROWS guys did not face that punishment as intensively as we did.

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  • SmSm
    05-17 08:26 AM
    apply for EAD for sure as it will help if your wife wants to work.

    apply for AP if you think you will not have time to get the H1 and H4 visa stamps in your passport when you travel to your home country in that case you will have to entter back on AP


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  • decastod
    09-14 09:29 AM
    Finally, We got this email from USCIS. It was a looooong wait, but finally its hear.

    For all those who are in line - just hang in there - it will happen.


    The last processing action taken on your case

    Receipt Number: SRCXXXXXXXXXX


    Your Case Status: Post Decision Activity

    On September 10, 2010, we mailed you a notice that we have approved this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS. Please follow any instructions on the notice. If you move before you receive the notice, call customer service at 1-800-375-5283.

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  • kams
    07-18 05:20 PM
    Lou Dobs is going to talk about immigration legislation burried in defence spending bill (which is under debate now) now. He just mentioned that there are pieces of 'Amnesty' legislation in the bill and he is gonna talk about it.

    If anyone has DVR please record it and we can disect it and post it on you tubes.


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  • NKR
    08-07 01:15 PM
    What stopped (from legal stand point) MBA guy to file for eb3 based GC in 2003? Remember both have BS in Engineering at that time. No employer was ready to file GC for the MBA guy (in 2003) is not a valid legal argument.

    Exactly :).

    If the MBA guy had told the employer that he is willing to take up an EB3 job, he would have gladly filed a GC.

    I am expecting another red now

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  • nrk
    08-17 02:03 PM
    card production ordered

    Sorry for my Ignorance on this, but what is CPO? Is it status changed to "CARD / DOCUMENT PRODUCTION"?


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  • redsox2009
    04-04 04:09 PM
    We know EB2 - I dates have not moved since Oct ,2010 .
    So India regular quota for the last six months : 5800/2 = 1900 .

    Since dates have not moved, I am assuming 1900 should also be considered towards porting.

    so my conclusion is so far 1200 + 1900 = 3100 porting already took place. (though only 1900 really got GC)

    I think you meant to say 2800 not 5800. I'm correcting your statement.

    So India regular quota for the last six months : 2800/2 = 1400
    Since dates have not moved, I am assuming 1400 should also be considered towards porting.

    so my conclusion is so far 1200 + 1400 = 2600 porting already took place. (though only 1400 really got GC)

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  • willwin
    09-16 10:15 AM


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  • Canadian_Dream
    03-27 03:05 PM
    IMHO you misinterpreted the memo. An employer can definitely choose not to hire based on immigration status. This has happened in the past (circa 2001) and evidently many employers do not hire H1B or any employees that require "job related" sponsorship. From the same link, in the next para it says that employers can clearly specify that they will NOT do sponsorship without violating the law. The only question is what is considered a sponsorship, any restricted position (in terms of job responsibility) can constitute a sponsorship (where by employers have legal burden beyond what it takes to hire a US Citizien/Permanent Resident for the same position). H1B definitely falls into this category and EAD borders that category. I am not an expert in labor laws but my experience says that employers have too much control on who they want to hire they can get by with almost anything. The biggest hurdle against any law suit is, EAD is an obscure document with very little clarity about rights that come with it and its usage. It was supposed to be an interim document whose usage only now is becoming main stream. May be one law suit or precedent will clarify it all. But once again employers will get by it the same way they get by with age, ethic, gender and racial descrimination.

    The bottom line is if a corporation has decided upon a certain policy (how much stupid and discriminatory it may be) it is futile to fight it becasue they will do it one way or the other. It is better to find an employer who respect your talent and what you bring to their organization as opposed to what kind legal papers you are carrying. What's happening with the EAD situation generally happns in a tight labor markets and we are in one now. In 2005-06 these same employers were fighting with each other to get as many H1B by filing twice the application allowed on the same day and now suddenly EAD is a problem. According to this website Capital One has 1200 H1B's.


    There is a whole lot of good information about citizenship or immigration status discrimination at http://www.usdoj.gov/crt/osc

    From their Employee Brochure:

    From their Employer Brochure:

    From OSC Update newsletter April 2004:


    If you are told by an employer (verbally or in writing) that they will consider only citizens or green card holders, call the OSC hotline. They may not give you the job based on some other criteria but they will not discriminate anybody else in the future.

    If you find any job posting or ad which states that they will hire only citizens or green card holders, or explicitly declines to hire somebody with EAD, post it here. If you don't wish to, maybe somebody else can make the call.

    In most cases it would be pure ignorance on the recruiter's part. A simple phone call from OSC will clear that.

    Of course the best course is to avoid bringing up EAD in the first place. But if it comes to that, you can reach out to OSC, even if you don't have anything in writing.

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  • desi485
    11-17 09:00 PM

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  • jonty_11
    06-29 04:26 PM
    My Guess is , It is a rumour . since the USCIS suspended the I -140 Premium Service for the month of july . It clearly indicates they are aware of the I -485 filings from July 1st and do not want to promise I- 140 decision in 15 days during July .

    Just my 2 cents
    How about - they are expecting so many application 140 plus 485...that THEY DO NOT WANT TO PROCESS ANY APPLICATION AT ALL...like always - THEY WILL SIT and EAT BURGERS and dont WANT TO DO ANY WORK...nothing new here folks...

    06-18 04:02 PM
    Natives blame Naturalized citizens/GC Holders/H1s/L1s for taking their job
    Naturalized Citizens/GC Holders blame H1s/L1s for taking their job
    H1 holders blame L1s for taking their job
    L1s blame ImmigrationVoice members for taking their job:D

    Good one.

    ... and H1Bs are fools that they are becoming puppets on this thread. Has anyone even spoken to L1fraud guy to see who he is? He is simply inciting IV members against their own?

    You guys do not have time to fight for your own greencards and courage to meet your congressman, but have time to fight against L1s just because L1s are getting greencards before you. Grow up and see the evil designs of anti-immigrants. They also want you H1bs and EAD holders out of this country because you people are also all frauds according to them. Arn't you faking your resumes, doing consulting and taking away jobs according to them? H1bs are spreading disease according to them and overstaying illegally and what not. Go read anti immigrant websites.

    Shame on all of you supporting OP.

    04-01 03:00 PM
    Quote from Shusterman's newsletter --- "According to our calculations, EB-2 priority dates for India and China may advance not just weeks or months, but years!"

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